# Where is Computer Crime Defined Domestically?

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## Introduction

All states have laws that apply specifically to computer crime. A selective list of Federal laws and their focus is displayed on the screen.

Note that the Uniform Code of Military Justice does not address computer crime specifically, but Articles 92, 133 and 134 may be used to prosecute computer crimes. Article 92 could be used to charge violations of certain regulations or orders relating to computer offenses. Article 133 could potentially be used to charge computer offenses also deemed conduct unbecoming an officer and a gentleman. And Article 134 could be used in appropriate cases to charge Federal crimes or assimilate state computer crimes. Let's look at the Federal laws in greater detail.

## Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act, 18 U.S.C. § 1030, is an important tool for investigators and prosecutors in the fight against cybercrime. The Act aims to protect the confidentiality, integrity, and availability of information on information systems. The Computer Fraud and Abuse Act prohibits a wide range of activities including unauthorized access by outsiders and exceeding authorized access by insiders. Additionally, it prohibits damage to "protected computers." A protected computer includes computers used exclusively by or for the U.S. Government, but also any computer used in interstate or foreign commerce, even computers outside the United States "that are used in a manner that affects interstate or foreign commerce or communication of the United States."

## USA PATRIOT Act Title 18 U.S.C. §1030 Changes

The passage of the USA PATRIOT Act effected several changes to the Computer Fraud and Abuse Act. One was the explicit inclusion of computers located outside the United States within the definition of protected computer, as discussed previously. Additionally, the monetary threshold for damage affecting a Government computer used in the administration of justice, national defense, or national security was removed. Finally, a definition for "loss" was added. Many other smaller changes were made as well.

## Fraud in Connection with Access Devices

Fraud and related activity in connection with access devices is the focus of Title 18 of the U.S. Code Section 1029. It prohibits the theft of, the use of, and trafficking in access devices. Generally, an access device is a code or some other means of account access that can be used to obtain services or some other item of value. For example, a password allows someone to obtain computer time or information.

## Communication Lines, Stations, or Systems

Title 18 U.S.C. Section 1362 is concerned with malicious mischief as it refers to communication mechanisms operated or controlled by the United States or intended for use by the military or a civil defense agency. This section of the U.S. code prohibits the destruction of, interference with, obstruction or delay of communication over phone or cable lines or other communication used for military defense functions. Even though this provision is very old, the breadth of the language is such that it can be used to charge those who launch denial of service attacks against the military or whose actions result in a significant disruption in military computer network communications. Since the provision has a maximum five year term of imprisonment, it qualifies as a felony offense (of interest to military criminal investigation organizations and U.S. Attorney's Offices) even when such conduct may not otherwise meet that threshold under 18 U.S.C. Section 1030.

## Check on Learning

Select the correct response to the question.

## Other Computer Crimes

There are many other potential computer crimes. Some, like violations of the Federal Wiretap Act or Electronic Communications Privacy Act, will be addressed in the topic covering statutory issues related to investigations. Others, such as those dealing with child pornography or intellectual property are addressed as special issues at the end of this module.

## UCMJ Article 134

While the Uniform Code of Military Justice does not specifically address computer crimes, the General Article, 134, can be used to charge violations of federal and state computer crimes. These can be charged under the crimes and offenses of unlimited application in clause three of Article 134. The Federal Assimilative Crimes Act, 18 U.S.C. § 13, is an adoption by Congress of state criminal laws for areas of exclusive or concurrent federal jurisdiction, used when federal criminal law, including the UCMJ, has not defined an applicable offense for the misconduct committed. The Act applies to state laws validly existing at the time of the offense without regard to when these laws were enacted, whether before or after passage of the Act. The Act adopts the criminal law of the state where a military installation is located and applies it as though it were federal law.

## Domestic Definitions Summary

This completes the topic, Where is Computer Crime Defined Domestically? In this topic, you learned where computer crimes are defined in domestic laws, and some of the acts to pursue when confronted with computer crimes. In the next topic, you will learn where computer crime fits.